State Representative Jerry Stern (R-Blair County) is applauding the state Senate passage of legislation to amend the state constitution to allow caps on noneconomic damages in medical malpractice cases.
“I applaud my colleagues in the Senate for voting ‘yes’ to legislation giving the people of Pennsylvania the opportunity to decide whether there should be limits placed on jury awards for pain and suffering in medical malpractice cases.”
The measure passed on Wednesday by a vote of 28-22 vote. The vote approved an amendment to the state constitution to allow limits on the dollar amount that juries can award for pain and suffering in medical malpractice claims. Voting yes were 25 Republicans and three Democrats. Voting no were four Republicans and 18 Democrats. State Senator Robert Jubelirer (R-Blair) was one of the four Republicans who voted no on the measure.
“The extent of the malpractice problems is by no means fully documented by counting lawsuits,” said Jubelirer during debate on the Senate floor earlier this week.
“I do not for a moment challenge the goals, or doubt the intentions, or fault the enthusiam, of those in this Chamber who advocate constitutional change,” said Jubelirer. “We have a crisis in this Commonwealth, serious and complicated and frustrating, and the series of reforms already approved have not exhausted opportunities to attempt additional fixes.
“We are not obligated to adopt every step that every interest group asks,” said Jubelirer. “That so many groups so ardently seek caps as the one true reform, does not mean it is necessary or fair or effective.”
Representative Stern offered a different perspective in comments released on Thursday from his 80th District office in Harrisburg.
“By placing caps on pain and suffering we can begin to curb the excessive amount of medical liability insurance doctors must pay inorder to practice om Pennsylvania, which will help ease the mass exodus of doctors the state has been experiencing recently.
“Pennsylvania needs to set limits on noneconomic damages if we are to stabilize the insurance market and keep our doctors practicing in the Commonwealth,” said Stern.
“Many dollar figures have been discussed, such as $250,000, in relation to the possible limits, but the bottom line is that we definitely need a definable system in place, instead of the current lottery system,” stated the legislator. “Actual limits will only be decided if and when voters decide to pass this constitutional amendment.
“Remember, this is only one segment of a medical liability claim and will not apply to all aspects of the case, so people should not feel as though there would be a limit on their entire monetary award.
“I look forward to further examination of this legislation when it comes over to the House for a vote in the following weeks,” said Stern.
An Associated Press article published earlier this week and written by AP Writer Marc Levy stated the proposal passed a deeply divided state Senate. The article also indicated its prospects remain uncertain in the House of Representatives, which passed a more ambitious measure last year.
The amendment faces stiff chances simply because of what is required for a constitutional amendment to become law in Pennsylvania. lt must be approved by both the House and Senate in two successive two-year sessions, and then by voters in a statewide referendum.
